Ex-employee sues over ban from City Hall

Updated 10:14 pm, Tuesday, February 12, 2013

A former San Antonio employee has sued the city, Police Chief William McManus and City Attorney Michael Bernard, claiming an indefinite ban from City Hall they issued against him in August violates his First Amendment rights to free speech, assembly and to petition government officials.

Michael Cuellar filed the suit Monday in federal court in an effort to remove the rare ban against him, said the Texas Civil Rights Project, which is representing Cuellar.

The ban, the rights group said, is enforced as a criminal trespass warning that threatens Cuellar with a misdemeanor punishable by up to six months in jail and a $2,000 fine if he even goes to a City Council meeting as a member of the public.

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City Attorney Michael Bernard said Tuesday afternoon that the city stands by its actions.

“The city acted prudently in regards to a disgruntled former employee. It will be quite clear why we did what we did,” Bernard said. “We're confident we are going to prevail in the lawsuit.”

The suit also claims the city has refused to remove the ban in retaliation for Cuellar's filing of ethics complaints against various officials and to prevent and undermine him from “effectively pursuing further such complaints and from bringing these violations forward to a public, government forum for remedial action on behalf of taxpayers.”

The lawsuit says the ban lists no reasons for such a drastic step and allowed no appeal. For this reason, the suit contends, it violates the First Amendment since the city cannot show any compelling reason for such a total, broad, and vague ban.

The suit seeks a court order setting aside the ban, damages for lost employment with the city and punitive damages. Cuellar holds a Master's Degree in public administration and is a Certified Texas Procurement Manager by the Texas Comptroller.

He had been a full-time, temporary employee with the Fire Department for six months and then resigned under pressure, the TCRP said.

The TCRP said he was then re-hired as a full-time temporary employee with the public works department; but, on the evening before he was report for work, the city sent an armed police officer to his house, banning him from city property, which prevented him from going to work.

TCRP director Jim Harrington said Bernard and McManus have used the media to try to claim that Cuellar was somehow a “threat” to public safety, although absolutely nothing in reality and fact supports their “malicious insinuations.”

“This is one of the most bizarre First Amendment cases I've seen in my 40-year legal career,” Harrington said. “You can't just ban someone from ever again speaking to government officials, either individually or assembled as a City Council.”
Josh Baugh contributed to this report.